TERMS AND CONDITIONS
Please read these terms and conditions of use carefully before using this website.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers markmyessay.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
“Your work” refers to your submitted assignment/assessment which may include an essay, speech, creative writing story and any other electronic file provided to us.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and our rights and obligations to each other.
LIMITATION OF LIABILITY
You agree that the information provided by us is to be used as a guide only. You agree that the mark or score provided by our services is a reflection of our subjective marking criteria and is not a reflection of the score/mark you will receive by your teacher/tutor. Any marks and comments provided are indicative only and not a true reflection of what is to be expected when marked by your subject/course convenor, teacher or tutor. The review process is intended as a form of online tutoring to improve students’ work and is not to be relied on in its entirety.
All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional advice from ongoing in person tutoring. Results, marks or suggestions are not guaranteed and markmyessay.com.au takes no responsibility for your actions, choices or decisions arising from our services.
It is an essential pre-condition to you using our website that you agree and accept that we are not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Our services are provided without any expressed or implied warranty. For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010, our liability for any breach of a term of this agreement is limited to: the supplying of the services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again. Therefore, such obligation shall constitute the entire liability of us in contract, tort, statute or otherwise.
We shall have no obligation to use commercially reasonable efforts to correct issues of our services resulting from use by you contrary to ‘your obligations’ outlined below.
Your agree to give us clear briefings and ensure that all the facts provided are accurate. Any failure to provide such information or guidance during the course of the transaction may delay the delivery of our services and/or result in a poorer quality of service.
You agree to pay the fees in accordance with the services provided via the external PayPal process.
Ensure that any information is not plagiarised. We suggest that your work is checked on the online ‘turnitin’ website.
Maintain ongoing monitoring of your provided email address during the provision of our services.
You warrant and agree that you are over 16 years of age to use this website.
Content provided to us shall not:
Contain any material which is offensive, hateful, inflammatory, or sexually explicit material.
Promote any form of discrimination, violence or illegal activity.
Infringe any copyright, database right or trade mark of any other person.
Be made in breach of any legal duty owed to a third party.
We agree to deliver our service to you within the time selected during the purchase of our services and use all reasonable and commercial efforts to maintain our services as outlined on our website and terms and conditions.
DELIVERY OF GOODS
The delivery times quoted on our website are illustrative. If an alternative delivery time offered to the Customer is unacceptable, we will refund any payment made by you in respect of that order.
Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
The fees for services are set out in the online process. You must pay the fees via the third party supported Paypal process in accordance with the Paypal terms and conditions. We do not retain any of your credit card details, payment process is handled entirely by a third party i.e. Paypal. All quoted figures are GST exclusive, unless noted otherwise. An invoice will be provided to you via email.
RETURNS AND REFUNDS
We handle returns and process refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to seek a refund of the services provided, please notify us within 7 days of purchase with a valid reason. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Refunds will be processed, by way of electronic transfer into your nominated account. All refunds are made at our discretion.
We are entitled to refuse any order at their discretion and in such cases will refund any payment made by you in respect of that order, less a $5.00AU processing fee.
LINKS TO OTHER WEBSITES
We may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between us and the owners of those websites. We take no responsibility for any of the content found on the linked websites.
Our website may contain information or advertisements provided by third parties for which we accept no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, we disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. We give no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of markmyessay.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You agree to indemnify and hold us harmless from and against any and all any direct or indirect liabilities, damages, losses, expenses and costs (inclusive of all legal costs) incurred or suffered by any of those indemnified as a result of any claim or proceedings brought by a third party against those indemnified in connection with the use of markmyessay content.
You acknowledge that our website may be temporarily unavailable from time to time.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected external secure servers. Furthermore, all of the credit card data is stored and protected by trusted third party software by way of Paypal. No credit card information is collected or stored by us.
DISCLOSE YOUR INFORMATION
markmyessay.com.au may be required, in certain circumstances, to disclose information in good faith and where markmyessay.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
markmyessay.com.au does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of markmyessay.com.au. markmyessay.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then markmyessay.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. markmyessay.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
markmyessay.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and markmyessay.com.au concerning your use and access to markmyessay.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and markmyessay.com.au that results in litigation then you must submit to the jurisdiction of the courts of NSW.